Public Opinion That Petitioner Would Disturb Public Tranquility Is Not A Valid Ground For Rejecting Parole Application: Karnataka HC
The Karnataka High Court held that the application of general parole could not be rejected due to a public opinion that the Petitioner’s release would disturb public tranquility.
The Court allowed the Writ Petition filed against the rejection of parole by the Chief Superintendent of Central Prison (Respondent no 3). The Court emphasized that the provisions of Karnataka Prisons and Correctional Services Manual, 2021 (Manual) would guide the parole application.
“Respondent No.3- Competent Authority, is required to consider the application having regard to the provisions contained in the Karnataka Prisons and Correctional Services Manual- 2021. The application cannot be rejected on the ground that there is a public opinion that if the petitioner is released on parole, it would cause disturbance of the peace and tranquility of the public”, Justice R Devdas noted.
Advocate K Ravishankar appeared for the Petitioner, and Government Pleader Manjunath K appeared for the Respondents.
The Petitioner was serving a sentence on a conviction order passed by the Sessions Court for the offence punishable under Sections 302, 307, and 341 read with Section 34 of the Indian Penal Code (IPC). The Petitioner filed an application seeking general parole for a period of thirty days, which was rejected by Respondent no 3. The Writ Petition was filed seeking to quash the police report issued by Respondent no 2 (Commissioner of Police) and the endorsement issued by Respondent no 3.
The Petitioner contended that he was incarcerated for almost ten and a half years and previously only requested for general parole of three months. The Petitioner alleged that per the rules outlined in the Manual, he was eligible to request parole if he followed the necessary requirements.
Accordingly, the Court allowed the Petition and set aside the impugned endorsement.
Cause Title: Sri. Vasudeva v The State of Karnataka